How to Choose Brand Name In Pharma Industry

While considering all the previous infringement cases and passing off of trademarks, pharma industry holds a special focus due to their adverse effects of health on the consumer. Infringement in other sectors might cost monetary loss, but Infringement in pharma sector could cost the lives of people.

Section 13 in The Trade Marks Act, 1999, Prohibits the registration of chemical elements or international non-proprietary names. To Avoid violating the rule of section (13), most of the pharma industries adopted to use drug name along with the name of the company Example: GLUCOKIND, A product of mankind pharma/ drug name along with the generic words Example: MALIGMYCIN, A product of Elder Pharmaceuticals

Most of the pharma companies had cake walk with the above method (section 13), but they can’t made it through Trademark infringement cases filed by their competitors, for using brand name, which may be deceptively similar to their owns. Most of the pharma companies had cake walk with the above method (section 13), but they can’t made it through Trademark infringement cases filed by their competitors, for using brand name, which may be deceptively similar to their owns.

We all know that any Word/ Color/Device/Sound Mark/3d can be registered as a trademark. Especially in developing countries like India, 60% of people choose verbal prescription over doctor’s physical prescription. Similarity in the medicine packing/ pattern of box in which the drugs sold at pharmacist, such situation could lead to the confusion among the public/distributors. Which leads wrong ailment. Thereby resulting serious life-threatening health hazards.

Conclusion: Considering all the above perspectives we recommend you coin your brand name, so that none of your brand will face objection/opposition/infringement. This could make your journey successful in pharma industry.